Im still in the probation period and in the contract it states that i need to give one weeks notice within this time, Otherwise it would be one month
Apologies for the slight delay, I experienced some temporary connection issues yesterday and could not get back on the site. All seems to be resolved now so I can continue with my advice.
Your rights will be rather limited in this situation, specifically in terms of ensuring you get these benefits long term or actually retaining the job on the current package. The main problem is that if you have been continuously employed at your place of work for less than 2 years then your employment rights mean that you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds. So in effect the employer can decide to issue you with a week’s notice to terminate your employment now and then they can either issue you with a new corrected contract which you can take or leave, or they can just call it a day and not re-employ you at all. So if you want to press them to honour the original agreement they can simply respond by terminating your employment in full or just the current contract and thus putting an end to the incorrectly agreed terms anyway. All you would then be entitled to is the value of the benefits you are pursuing for the time you were employed by them under that contract. As you can imagine that would be a relatively low amount as you have not been there very long.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thank you for your response. The employer never did make the offer. It was the Agency itself that made the offer of the extra childcare. The company offers the childcare through a salary sacrifice system as it is a Government Scheme. I was just wondering would i have a claim against the Agency as they are the ones that made the incorrect offer and are still going to make their commission regardless of me losing my money.
I am not unhappy with the company, if anything i would like to stay with them. I did speak to them and they did say that they would like me to stay as well. I also mentioned to them that i did not want this to affect my working here and i definitely would not want to leave.
They do seem to be happy with me at the moment. I just have a problem with the way that the Agency has dealt with this. They are not helping to rectify this and if anything refused to call me back even when they said they would. Is there anyway of claiming compensation from the Agency without it affecting my career with this company?
You will have limited rights against the agency as well. They would potentially be liable for negligence but the losses would still be the same – you cannot expect large compensation such as the equivalent of the benefits you lost over a year or longer – it will still be based on how soon these can legally be stopped and in your case it is just a week.
Also no one can guarantee that pursuing the agency will not affect your employment with the company. For example they could be on good business terms and if the agency makes it clear that you are being troublesome then the company could terminate your employment quite easily. No one knows really, it depends on their relationship and also on how far the employer is willing to take this, so there will always be a risk.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Hi, I apologise in replying to you. After reading your last reply, i needed to go to my company manager and ask him about the situation and what you said. He told me that as a company, they are not involved in this and that it would not affect my employment with them. On the whole, my manager is saying that i should continue with this and maybe go over the Agency Managers Head and ask his Manager to sort this out as they have still not replied to my initial email.
it's good that your job is safe. So you will now have to pursue this directly with the agency - you can do this as the employer has suggested but if you get no luck that way then the only way to pursue it is to go to the small claims court. Happy to clarify anything else if needed?
you are welcome, all the best